Controversial Abortion Bill Kept Alive in Senate

By GARRY RAYNO, InDepthNH.org

CONCORD – The Senate turned the party lines down Thursday to keep a bill alive that requires adequate and appropriate medical treatment for every live born child.

House Bill 233 would impose a class on health professionals who fail to obey the rules of the law for a crime of seven and a half years in prison or more.

While proponents of the bill cite the law to protect born children, doctors and others say it is harmful to parents, infants with no chance of survival, and doctors.

The Senate voted with 14 to 10 votes to resubmit the bill for further work.

“We have heard very convincing statements from both sides,” said Senator Sharon Carson, R-Londonderry, chair of the Senate Judiciary Committee. “It’s a complicated calculation that deals with a very challenging subject and (we need more time).”

Opponents said, however, that not only is it terrifying for families and their health care providers at an unthinkable time, but it could also cut the already small number of professionals providing prenatal and natal care in the state.

“There’s nothing worth saving if a bill took away the last precious moments a parent has with their dying child,” said Sen. Becky Whitley, D-Hopkinton. “The HB 233 hearing made it clear that this cruel bill has no place in New Hampshire.”

Senator Denise Ricciardi, R-Bedford, said the state offers birds more protection than fetuses.

“A human life should not be thrown away if the intention is to end it,” she said, noting that some have survived and had children of their own.

They deserve the life they fought for, she said, noting that the incident of babies born alive during an abortion happens in New Hampshire, although others say it doesn’t.

Other senators said the state had nothing to do with making these determinations for parents of dying children.

“This bill works under the false pretext that our medical providers are killing newborns,” said Senator Jay Kahn, D-Keene. “This idea is obviously wrong and already illegal.”

He said the committee had heard testimony from a parent who said that if their child was one year old and dying, there would be no question of whether or not she would make a decision about medical treatment, but that would not be true if it were would be a fetus.

“To make a decision about the end of life for your child,” said Kahn, “I don’t think we belong here.”

The Senate also voted against the party lines to propose House Bill 625, which, with few exceptions, prohibits performing an abortion after the 24th week of pregnancy.

The bill would also hold an abortion provider criminally accountable.

The content of the bill was inserted into House Bill 2 or the budget package the day before by Senate Finance.

If the Senate had passed the bill and the House approved the Senate amendments, it would have gone to Governor Chris Sununu for action.

By submitting the bill, the governor does not have to respond to the bill.

Charter schools

The Senate approved House Bill 278, which gives charter schools the right of first refusal on an unused school building.

Charter schools struggled to find affordable and adequate space to operate.

The Senate changed the bill to clearly define what an unused school facility is.

Senator Erin Hennessey, R-Littleton, said the bill does not prescribe a sale, lease, or seek a discount, but rather that superintendents must provide the Department of Education with a list of unused school buildings.

“This bill benefits not only public school children,” she said, “but also New Hampshire taxpayers.”
However, Donna Soucy, chairwoman of the Senate Minority in D-Manchester, said the bill could affect local control. Her city is considering closing two of its three high schools and moving some municipal departments to schools to save money on rent.

The bill was passed by vote and is going back to the House due to the changes in the Senate.

weapons

The Senate approved bills to expand gun rights in the state.

House Bill 195 would exempt the issuance of a firearm from the reckless behavior law.

According to Senator Sharon Carson, R-Londonderry, the bill is intended to enable someone who is publicly wearing a sidearm to avoid reckless conduct charges.

But opponents said the calculation was too vague and would allow someone to intimidate another person by pointing the gun in a threatening manner without pointing it at the person.

The bill is going back to the house due to changes made by the Senate.

The Senate also approved a person’s permission to carry a loaded firearm on an OHRV or snowmobile.

The practice is currently prohibited.

Supporters said the ban should have been lifted when concealed carry was approved without permission a few years ago, but opponents said there are good reasons not to change the law, such as accidentally unloading a jumping vehicle or a gamekeeper who straddled himself approaching someone in the wilderness.

Mug Shots

The Senate decided to consider a bill to ban the distribution of mug shots of people arrested but not convicted unless there is a compelling reason such as public safety or further investigation.

Several senators declined to study the bill further, saying they had struck the right balance between the public right to know and an individual’s right to privacy.

A person is innocent until found guilty in a court of law, said Senator Harold French, R-Webster. “But the judgment of public opinion can have a tremendous impact on a person’s life.”

Once those photos are distributed by the police, a person can be saddled for life, he noted.

Kahn said he believed they included enough provisions to protect public safety while preserving someone’s privacy.

“This is not a total and total ban on the publication of photos after arrest,” he said.

But Senator Bill Gannon, R-Sandown, said police chiefs had reasons to ask the Senate to keep working on the bill.

He noticed two recent incidents in Manchester, one involving shooting and one involving illegal photos, where the police were looking for additional information.

“The police have very good reasons to ask us to take this back and try to strike the right balance,” said Gannon.

Cannabis sales

The Senate finally approved a bill allowing non-state residents who qualify for their state’s medical marijuana program to purchase cannabis in New Hampshire up to three times a year.

House Bill 605 also adds opioid to the list of diseases under the New Hampshire Medical Marijuana Act.

Under the bill, a person living in another state or Canada can shop more than three times at a New Hampshire pharmacy with a doctor’s approval letter.

Individuals who qualify for government medical marijuana programs cannot legally move the product from state to state.

The bill is now going back to the House due to changes passed by the Senate.

Garry Rayno can be reached at garry, rayno @ yahoo.com.